Monday, December 22, 2008

Right to fair trial?


Mohammad Ajmal Amir Iman or Azam Amir Kasav,In the past one month this man has got more space in media than the new president of U.S. Who is he?what he did? and why is media creating so much of hype about it?

Nobody knows his real identity but he has given many names each from different sources. What we know is that he is the only one captured alive during Mumbai Terror Attack, which shocked India...

Hell lot of argumentation is going on these days whether he deserves Fair Trial or not. Indian public including our politicians which understandably, is in Bad mood, full of anger and sentimental with what happened in that massacre .So they are demanding for Capital punishment for him and don’t even want him to be entitled a lawyer. They even can’t stand the lawyer who is thinking to fight his case.

Though their behaviour is apprehensible and expected but we should not forget that we have democracy here in our country. But this incidence clearly shows how much people of India respects democracy. The constitution of our country has been framed to protect fundamental rights of any individual. Though initially Right to Fair Trial was not mentioned in fundamental rights of our constitution but in the 42 Amendment it has been added as one. Article 22 declares that no accused shall be denied the right to consult and be defended by a legal practitioner of choice.
So by denying this man right to frail trial aren't we moving away from democracy. It is well said that "The measure of a civilization is the way its society treats those it hates"

Media has created hype about what is going to happen but i have one concern what if India gives "Kasav" a chance of Fair Trial?It is well known that no lawyer can do much for a person responsible for mass killing and open display of the terror. The only option available is either capital punishment or life imprisonment.

Looking at the conditions of our Prisons(Jail), One set of thoughts want him to be given life imprisonment because only then he will realize the severity of crime he have commited.In there he will die each day and will pray to god for easy and sudden death.

And then there is another thought which originates from our bad experiences, that if he will be kept in jail, someday terrorist will hijack some god damn plane and force us to set him free, which we definitely don't want.
So if we are going to give him capital punishment by any chance then what is the use of all this drama? This is a big dilemma which i am not able to figure out yet...........

1 comment:

  1. Ajmal Amir Kasav is extremely lucky to have been caught alive in a country where fundamental right of "life and liberty" is never denied to anyone. Whenever I recall the bloody mayhem of 26/11, I feel Kasav should be deprived of legal assistance.The dilemma of whether to provide legal assaitance to kasav can be solved by declaring Kasav as “enemy alien” under article 22(3), so that he no longer have the fundamental right of life and liberty . He will no longer be entitiled for legal assistance .

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